| 49 | | - | COMMITTEE SUBSTITUTE |
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| 50 | | - | |
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| 51 | | - | An Act relating to schools; reallocating State Aid |
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| 52 | | - | for certain transfer students; authorizing transfer |
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| 53 | | - | allowance to private school for students enrolled in |
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| 54 | | - | certain F-graded schools; providing transfer |
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| 55 | | - | allowance requirements; authorizing transfer |
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| 56 | | - | allowance for certain time period; requiring certain |
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| 57 | | - | financial responsibility; requiring certain notice of |
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| 58 | | - | under certain wait list circumstances; defining term; |
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| 59 | | - | providing approved private school requirements; |
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| 60 | | - | providing transferring student requirements; |
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| 61 | | - | providing payments procedure for transfer allowance; |
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| 62 | | - | authorizing revocation of private school approval; |
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| 63 | | - | eliminating liability; prohibiting certain additional |
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| 64 | | - | regulation of private schools; amending 70 O.S. 2011, |
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| 65 | | - | Section 18-201.1, as last amended by Section 3, |
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| 66 | | - | Chapter 61, O.S.L. 2020 (70 O.S. Supp. 2020, Section |
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| 67 | | - | 18-201.1), which relates to State Aid; adding certain |
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| 68 | | - | student weight for State Aid; amending 70 O.S. 2011, |
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| 69 | | - | Section 8-104, as amended by Section 1, Chapter 85, |
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| 70 | | - | O.S.L. 2013 (70 O.S. Supp. 2020, Section 8 -104), |
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| 71 | | - | which relates to student transfers; adding reason for |
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| 72 | | - | emergency transfer; providing for codification; and |
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| 73 | | - | providing an effective date. |
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| 40 | + | An Act relating to schools; establishing availability |
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| 41 | + | of certain transfer students; reallocating certain |
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| 42 | + | aid; amending 70 O.S. 2011, Sect ion 18-201.1, as last |
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| 43 | + | amended by Section 3, Chapter 61, O.S.L. 2020 (70 |
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| 44 | + | O.S. Supp. 2020, Section 18 -201.1), which relates to |
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| 45 | + | state aid; adding certain student weight for state |
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| 46 | + | aid; amending 70 O.S. 2011, Section 8 -104, as amended |
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| 47 | + | by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. |
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| 48 | + | 2020, Section 8-104), which relates to student |
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| 49 | + | transfers; adding reason for emergency transfer; |
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| 50 | + | providing for codification; and providing an |
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| 51 | + | effective date. |
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| 103 | | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 104 | | - | SECTION 1. NEW LAW A new section of law to be codif ied |
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| 105 | | - | in the Oklahoma Statutes as Section 8 -114 of Title 70, unless there |
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| 106 | | - | is created a duplication in numbering, reads as follows: |
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| 107 | | - | If a student transfers to a school district other than the |
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| 108 | | - | district of residence pursuant to paragraph 9 of subsection A of |
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| 109 | | - | Section 8-104 of Title 70 of the Oklahoma Statutes, upon approval of |
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| 110 | | - | the transfer, the receiving district shall claim the student in the |
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| 111 | | - | average daily membership for state and federal funding purposes and |
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| 112 | | - | shall assume all responsibility for education of the s tudent. For |
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| 113 | | - | state funding purposes, the State Department of Education shall |
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| 114 | | - | include the appropriate grade level weight and all category weights |
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| 115 | | - | to which the pupil is assigned pursuant to the provisions of Section |
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| 116 | | - | 18-201.1 of Title 70 of the Oklahoma Statu tes when calculating State |
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| 117 | | - | Aid pursuant to the provisions of Section 18 -200.1 of Title 70 of |
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| 118 | | - | the Oklahoma Statutes. |
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| 119 | | - | SECTION 2. NEW LAW A new section of law to be codified |
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| 120 | | - | in the Oklahoma Statutes as Section 8 -115 of Title 70, unle ss there |
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| 121 | | - | is created a duplication in numbering, reads as follows: |
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| 122 | | - | A. If a student is enrolled at resident school that has |
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| 123 | | - | received an "F" school grade pursuant to Section 1210.545 of this |
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| 124 | | - | title in each of the last three (3) immediately preceding years |
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| 125 | | - | intends to transfer to a private school, the parent or legal |
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| 126 | | - | guardian of the student may exercise his or her parental option and |
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| 92 | + | 2. Upon approval of the transfer, the receiving district shall |
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| 93 | + | claim the student in the average daily membership for state and |
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| 94 | + | federal funding purposes and shall assume all responsibility for |
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| 95 | + | education of the student. For state funding purposes, the State |
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| 96 | + | Department of Education shall include the appropriate grade level |
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| 97 | + | weight and all category weights to which the pupil is assigned |
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| 98 | + | pursuant to the provisions of Section 18 -201.1 of Title 70 of the |
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| 99 | + | Oklahoma Statutes when calculati ng State Aid pursuant to the |
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| 100 | + | provisions of Section 18 -200.1 of Title 70 of the Oklahoma S tatutes. |
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| 101 | + | SECTION 2. AMENDATORY 70 O.S. 2011, Section 18 -201.1, as |
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| 102 | + | last amended by Section 3, Chapter 61, O.S.L. 2020 (70 O.S. Supp. |
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| 103 | + | 2020, Section 18-201.1), is amended to read as follows: |
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| 104 | + | Section 18-201.1 A. Beginning with the 2020 -21 school year, |
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| 105 | + | and each school year thereafter, the weighted membership of a school |
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| 106 | + | district for calculation of Foundation Aid purposes pursuant to |
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| 107 | + | paragraph 1 of subsection D of Section 18 -200.1 of this title shall |
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| 108 | + | be the sum of the weighted pupil grade level calculation, the |
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| 109 | + | weighted pupil category calculation, the weighted district |
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| 110 | + | calculation and the weighted teacher experience and degree |
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| 111 | + | calculation. The weig hted membership of a school district for |
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| 112 | + | calculation of Salary Incentive Aid purposes pursuant to paragraph 3 |
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| 113 | + | of subsection D of Section 18 -200.1 of this title shall be the sum |
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| 114 | + | of the weighted pupil grade level calculation, the weighted pupil |
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| 154 | | - | request to have a transfer allowance awarded for the child to enroll |
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| 155 | | - | in and attend a private school in accordance with this secti on. |
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| 156 | | - | B. A transfer allowance shall be awarded pursuant to this |
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| 157 | | - | section if the parent or legal guardian has obtained acceptance for |
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| 158 | | - | admission of the student to an approved private school pursuant to |
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| 159 | | - | subsection C of this section and has notified the State De partment |
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| 160 | | - | of Education of the request for a transfer allowance. |
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| 161 | | - | 1. Requests for a transfer allowance made after December 1 |
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| 162 | | - | shall be granted, but funding for transfer allowances requested |
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| 163 | | - | after December 1 shall not be available until the beginning of the |
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| 164 | | - | next school year. The request shall be through a communication |
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| 165 | | - | directly to the Department in a manner that creates a written or |
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| 166 | | - | electronic record of the request and shall include the date of |
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| 167 | | - | receipt of the request. The Department shall notify the school |
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| 168 | | - | district upon receipt of the request. |
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| 169 | | - | 2. For purposes of continuity of educational choice, the |
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| 170 | | - | transfer allowance shall remain in force until the student returns |
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| 171 | | - | to a public school, graduates from high school or reaches the age of |
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| 172 | | - | twenty-two (22), whichever occurs first. At any time, the parent or |
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| 173 | | - | legal guardian of the student may remove the student from the |
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| 174 | | - | private school and place the student in another private school |
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| 175 | | - | approved by the State Department of Education as provided in |
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| 176 | | - | subsection C of this se ction or place the student in a public |
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| 177 | | - | school. |
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| 141 | + | category calculation, the weighted district calculation and the |
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| 142 | + | weighted teacher experience and degree calculation. |
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| 143 | + | B. The weighted calculations provided for in subsection A of |
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| 144 | + | this section shall be based on the highest weighted average daily |
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| 145 | + | membership of the first n ine (9) weeks of the current school year, |
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| 146 | + | the preceding school year or the second preceding school year of a |
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| 147 | + | school district, unless otherwise specified. The highest of the |
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| 148 | + | three (3) weighted average daily memberships shall be used |
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| 149 | + | consistently in all of the calculations; however, the weighted |
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| 150 | + | calculation for a statewide virtual charter school experiencing a |
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| 151 | + | significant decline in membership shall be based on the first nine |
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| 152 | + | (9) weeks of the current school year and not on the preceding school |
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| 153 | + | year or the second preceding school year for the statewide virtual |
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| 154 | + | charter school. For purposes of this subsection, "significant |
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| 155 | + | decline in membership " means equal to or greater than a fifteen |
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| 156 | + | percent (15%) decrease in average daily membership from the |
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| 157 | + | preceding school year to the average daily membership of the first |
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| 158 | + | nine (9) weeks of the current school year. The average daily |
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| 159 | + | membership data used for all calculations in paragraphs 1, 2, 3 and |
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| 160 | + | 4 of this subsection shall be the same as used in the calculation of |
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| 161 | + | the State Aid Formula. The weighted calculations provided for in |
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| 162 | + | subsection A of this section shall be determined as follows: |
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| 163 | + | 1. The weighted pupil grade level calculation shall be |
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| 164 | + | determined by taking the highest average daily membership and |
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| 205 | | - | 3. Upon acceptance of a transfer allowance, the parent or legal |
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| 206 | | - | guardian shall assume full financial responsibility for the |
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| 207 | | - | education of the student, including, but not limited to, |
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| 208 | | - | transportation to and from the private school. |
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| 209 | | - | 4. If the parent or legal guardian requests a transfer |
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| 210 | | - | allowance and the student is accepted by the private school pending |
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| 211 | | - | the availability of a space for the student, the parent or legal |
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| 212 | | - | guardian of the student shall notify the State Department of |
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| 213 | | - | Education before entering the private school and before December 1 |
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| 214 | | - | in order to be eligible for the transfer allowance during the school |
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| 215 | | - | year when a space becomes available for the student in the private |
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| 216 | | - | school. If notification is made after December 1, payment of the |
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| 217 | | - | transfer allowance shall not begin until the next school year. |
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| 218 | | - | C. For purposes of this section, "private school" shall mean a |
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| 219 | | - | school approved by the State Department of Education. The State |
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| 220 | | - | Department of Education shall approve a private school upon request |
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| 221 | | - | by the private school and determination that the private school: |
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| 222 | | - | 1. Meets the accreditation requirements set by the State Board |
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| 223 | | - | of Education or another accrediting association approved by the |
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| 224 | | - | State Board of Education. The S tate Department of Education shall |
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| 225 | | - | list on its website all accrediting associations approved by the |
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| 226 | | - | Board; |
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| 227 | | - | 2. Demonstrates fiscal soundness by having been in operation |
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| 228 | | - | for one (1) school year or providing the State Department of |
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| 191 | + | assigning weights to the pupils according to grade attended as |
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| 192 | + | follows: |
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| 193 | + | GRADE LEVEL WEIGHT |
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| 194 | + | a. Half-day early childhood programs .7 |
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| 195 | + | b. Full-day early childhood programs 1.3 |
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| 196 | + | c. Half-day kindergarten 1.3 |
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| 197 | + | d. Full-day kindergarten 1.5 |
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| 198 | + | e. First and second grade 1.351 |
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| 199 | + | f. Third grade 1.051 |
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| 200 | + | g. Fourth through sixth grade 1.0 |
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| 201 | + | h. Seventh through twelfth grade 1.2 |
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| 202 | + | i. Out-of-home placement 1.50 |
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| 203 | + | Multiply the membership of each subparagraph of this paragraph by |
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| 204 | + | the weight assigned to such subparagraph of this paragraph and add |
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| 205 | + | the totals together to determine the weighted pupil grade level |
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| 206 | + | calculation for a school district. Determination of the pupils |
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| 207 | + | eligible for the early childhood program weight shall be pursuant to |
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| 208 | + | the provisions of Section 1 -114 of this title. The pupils eligible |
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| 209 | + | for the out-of-home placement pupil weight shall be students who are |
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| 210 | + | not residents of the school district in which they are receiving |
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| 211 | + | education pursuant to the provisions of subsection D of Section 1 - |
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| 212 | + | 113 of this title. Such weight may be claimed by the distr ict |
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| 213 | + | providing educational services to such student for the days that |
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| 214 | + | student is enrolled in that district. If claimed, the out -of-home |
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| 256 | | - | Education with a statement by a certified public accountant |
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| 257 | | - | confirming that the private school is insured and the owner or |
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| 258 | | - | owners have sufficient capital or credit to operate the school for |
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| 259 | | - | the upcoming year by serving the number of students anticipated with |
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| 260 | | - | expected revenues from tuition and other sources that may be |
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| 261 | | - | reasonably expected. In lieu of a statement, a surety bond or |
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| 262 | | - | letter of credit for the amount equal to the transfer allowance |
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| 263 | | - | funds for any quarter may be filed with the Department; |
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| 264 | | - | 3. Complies with the antidiscrimin ation provisions of 42 |
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| 265 | | - | U.S.C., Section 2000d; |
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| 266 | | - | 4. Meets state and local health and safety laws and codes; |
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| 267 | | - | 5. Will be academically accountable to the parent or legal |
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| 268 | | - | guardian for meeting the educational needs of the student; |
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| 269 | | - | 6. Employs or contracts with t eachers who hold baccalaureate or |
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| 270 | | - | higher degrees, or have at least three (3) years of teaching |
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| 271 | | - | experience in public or private schools, or have special skills, |
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| 272 | | - | knowledge or expertise that qualifies them to provide instruction in |
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| 273 | | - | subjects taught; |
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| 274 | | - | 7. Complies with all state laws relating to general regulation |
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| 275 | | - | of private schools; and |
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| 276 | | - | 8. Adheres to the tenets of its published disciplinary |
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| 277 | | - | procedures prior to the expulsion of a student. |
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| 278 | | - | D. Upon approval of a private school, the State Department of |
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| 279 | | - | Education shall provide on its website all information and material |
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| 241 | + | placement weight shall be in lieu of the pupil grade level and any |
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| 242 | + | pupil category weights for that student. Provided, i f a student |
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| 243 | + | resides in a juvenile detention center that is restricted to less |
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| 244 | + | than twelve (12) beds, the out -of-home placement pupil weight for |
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| 245 | + | such students shall be calculated as follows: for a center with six |
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| 246 | + | (6) beds - 3.0; for a center with eight (8) beds - 2.3 and for a |
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| 247 | + | center with ten (10) beds - 1.80. |
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| 248 | + | 2. The weighted pupil category calculation shall be determined |
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| 249 | + | by assigning a weight to the pupil category as follows: |
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| 250 | + | CATEGORY WEIGHT |
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| 251 | + | a. Visual Impairment 3.8 |
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| 252 | + | b. Specific Learning Disability .4 |
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| 253 | + | c. Deafness or Hearing Impairment 2.9 |
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| 254 | + | d. Deaf-Blindness 3.8 |
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| 255 | + | e. Intellectual Disability 1.3 |
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| 256 | + | f. Emotional Disturbance 2.5 |
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| 257 | + | g. Gifted .34 |
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| 258 | + | h. Multiple Disabilities 2.4 |
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| 259 | + | i. Orthopedic Impairment 1.2 |
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| 260 | + | j. Speech or Language Impairment .05 |
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| 261 | + | k. Bilingual .25 |
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| 262 | + | l. Special Education Summer Program 1.2 |
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| 263 | + | m. Economically Disadvantaged .25 |
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| 307 | | - | submitted by the private school with its application. Students |
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| 308 | | - | transferring pursuant to this section shall comply with the |
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| 309 | | - | following: |
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| 310 | | - | 1. The parent or legal guardian shall select the private school |
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| 311 | | - | from the schools approved pursuant to subsection C of this section |
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| 312 | | - | and apply for the admission of the child; |
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| 313 | | - | 2. The parent or legal guardian shall request the transfer |
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| 314 | | - | allowance no later than December 1 of the school year during which |
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| 315 | | - | the transfer allowance is requested; |
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| 316 | | - | 3. Any student receiving a transfer allowance pursuant to this |
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| 317 | | - | section shall attend the school throughout the school year, unless |
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| 318 | | - | excused by the school for illness or other good cause, and shall |
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| 319 | | - | comply fully with the code of conduct for the school; |
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| 320 | | - | 4. The parent or legal guardian shall fully comply with the |
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| 321 | | - | parental involvement requirements of the private school, unless |
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| 322 | | - | excused by the school for illness or other good cause; and |
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| 323 | | - | 5. Upon issuance of a transfer allowance, the parent or leg al |
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| 324 | | - | guardian to whom the allowance is made shall restrictively endorse |
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| 325 | | - | the funds to the private school for deposit into the account of the |
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| 326 | | - | private school. The parent or legal guardian may not designate any |
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| 327 | | - | entity or individual associated with the private s chool as the |
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| 328 | | - | attorney in fact for the parent or legal guardian to endorse an |
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| 329 | | - | allowance. A parent or legal guardian who fails to comply with this |
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| 330 | | - | paragraph shall forfeit the transfer allowance. |
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| 290 | + | n. Optional Extended School Year |
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| 291 | + | Program As determined by |
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| 292 | + | the State Board |
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| 293 | + | of Education |
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| 294 | + | o. Autism 2.4 |
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| 295 | + | p. Traumatic Brain Injury 2.4 |
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| 296 | + | q. Other Health Impairment 1.2 |
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| 297 | + | r. Enrolled at school that ha s |
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| 298 | + | received a "F" school grade |
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| 299 | + | pursuant to Section 1210.54 |
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| 300 | + | of this title in each of the |
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| 301 | + | last three (3) immediately |
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| 302 | + | preceding years 1.1 |
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| 303 | + | Except as otherwise provided, multiply the number of pupils approved |
|---|
| 304 | + | in the school year with the highest average daily mem bership in each |
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| 305 | + | category by the weight assigned to such category and add the totals |
|---|
| 306 | + | together to determine the weighted pupil category calculation for a |
|---|
| 307 | + | school district. For the 1996 -97 school year, the number to be |
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| 308 | + | multiplied by the weight assigned to the gifted category in |
|---|
| 309 | + | subparagraph g of this paragraph shall be the lesser of (1) the sum |
|---|
| 310 | + | of the number of students who scored in the top three percent (3%) |
|---|
| 311 | + | on any national standardized test of intellectual ability plus the |
|---|
| 312 | + | number of students identified as g ifted pursuant to subparagraphs a |
|---|
| 313 | + | through d of paragraph 1 of Section 1210.301 of this title or (2) |
|---|
| 358 | | - | E. Provisions governing payment of a transfer allowance shall |
|---|
| 359 | | - | be as follows: |
|---|
| 360 | | - | 1. The State Department of Education shall calculate the total |
|---|
| 361 | | - | cost of all transfer allowances for all eligible students in the |
|---|
| 362 | | - | state. The State Department of Education shall then reserve or |
|---|
| 363 | | - | retain from the total amount appropriated to th e State Board of |
|---|
| 364 | | - | Education for State Aid purposes and any other revenue available for |
|---|
| 365 | | - | allocation for State Aid purposes the total cost for all transfer |
|---|
| 366 | | - | allowance payments; |
|---|
| 367 | | - | 2. The maximum transfer allowance granted for an eligible |
|---|
| 368 | | - | student shall be a calcul ated amount equivalent to the total State |
|---|
| 369 | | - | Aid factors for the applicable school year multiplied by the grade |
|---|
| 370 | | - | and disability weights, if applicable, generated by that student for |
|---|
| 371 | | - | the applicable school year. The maximum transfer allowance amount |
|---|
| 372 | | - | shall be calculated by the State Board of Education for each year |
|---|
| 373 | | - | the student receives a transfer allowance; |
|---|
| 374 | | - | 3. The amount of the transfer allowance shall be the amount |
|---|
| 375 | | - | calculated in paragraph 2 of this subsection or the amount of |
|---|
| 376 | | - | tuition and fees for the private sc hool, whichever is less, minus up |
|---|
| 377 | | - | to two and one-half percent (2 1/2%) of the transfer allowance |
|---|
| 378 | | - | amount which may be retained by the State Department of Education as |
|---|
| 379 | | - | a fee for administrative services rendered. The amount of the |
|---|
| 380 | | - | transfer allowance shall be prorated to reflect the number of days |
|---|
| 340 | + | the sum of the number of students who scored in the top three |
|---|
| 341 | + | percent (3%) on any national standardized test of intellectual |
|---|
| 342 | + | ability plus eight percent (8%) of the total average daily |
|---|
| 343 | + | membership of the school district for the preceding school year. |
|---|
| 344 | + | For the 1997-98 school year and subsequent school years, the number |
|---|
| 345 | + | to be multiplied by the weight assigned to the gifted category in |
|---|
| 346 | + | subparagraph g of this parag raph shall be the lesser of (1) the sum |
|---|
| 347 | + | of the number of students who scored in the top three percent (3%) |
|---|
| 348 | + | on any national standardized test of intellectual ability plus the |
|---|
| 349 | + | number of students identified as gifted pursuant to subparagraphs a |
|---|
| 350 | + | through d of paragraph 1 of Section 1210.301 of this title, or (2) |
|---|
| 351 | + | the sum of the number of students who scored in the top three |
|---|
| 352 | + | percent (3%) on any national standardized test of intellectual |
|---|
| 353 | + | ability plus eight percent (8%) of the total average daily |
|---|
| 354 | + | membership of the school district for the first nine (9) weeks of |
|---|
| 355 | + | the school year. |
|---|
| 356 | + | 3. The weighted district calculation shall be determined by |
|---|
| 357 | + | determining the calculations for each school district for both the |
|---|
| 358 | + | small school district formula and the district sparsity - isolation |
|---|
| 359 | + | formula, applying whichever is the greater of the calculations of |
|---|
| 360 | + | the two formulas and then applying the restrictions pursuant to |
|---|
| 361 | + | subparagraph c of this paragraph. |
|---|
| 408 | | - | remaining in the current school year, if the transfer allowance |
|---|
| 409 | | - | request is granted after the beginning of the school year; |
|---|
| 410 | | - | 4. The State Department of Education shall notify the private |
|---|
| 411 | | - | school of the amount of the tr ansfer allowance within ten (10) days |
|---|
| 412 | | - | after receiving the request for a transfer allowance, when the total |
|---|
| 413 | | - | State Aid factors have been determined for the current fiscal year. |
|---|
| 414 | | - | The initial payment shall be made after the Department verifies |
|---|
| 415 | | - | admission acceptance and enrollment. Quarterly payments shall be |
|---|
| 416 | | - | made upon verification of continued enrollment and attendance at the |
|---|
| 417 | | - | private school. Payment shall be made by the Department with an |
|---|
| 418 | | - | individual warrant made payable to the parent or legal guardian of |
|---|
| 419 | | - | the student and mailed by the Department to the private school that |
|---|
| 420 | | - | the parent or legal guardian chooses. The parent or legal guardian |
|---|
| 421 | | - | shall restrictively endorse the warrant to the private school for |
|---|
| 422 | | - | deposit into the account of the private school; |
|---|
| 423 | | - | 5. The State Department of Education shall require an annual, |
|---|
| 424 | | - | notarized, sworn compliance statement by participating private |
|---|
| 425 | | - | schools certifying compliance with state laws and shall retain all |
|---|
| 426 | | - | records received from a participating private school. The State |
|---|
| 427 | | - | Department of Education shall post on its website the annual |
|---|
| 428 | | - | compliance statement for each participating private school; and |
|---|
| 429 | | - | 6. The State Department of Education shall cross -check the list |
|---|
| 430 | | - | of participating students with the public school enrollments prior |
|---|
| 431 | | - | to each transfer allowance payment to avoid duplication. |
|---|
| 388 | + | a. Small school district formula: 529 minus the average |
|---|
| 389 | + | daily membership divided by 529 times .2 times total |
|---|
| 390 | + | average daily membership. |
|---|
| 391 | + | The small school district formula calculation shall apply |
|---|
| 392 | + | only to school districts whose highest average daily |
|---|
| 393 | + | membership is less than 529 pupils. School districts which |
|---|
| 394 | + | are consolidated or annexed after Jul y 1, 2003, pursuant to |
|---|
| 395 | + | the Oklahoma School Voluntary Consolidation and Annexation |
|---|
| 396 | + | Act shall have the weighted district size calculation for |
|---|
| 397 | + | the three (3) school years following the fiscal year in |
|---|
| 398 | + | which such consolidation occurred calculated to be the sum |
|---|
| 399 | + | of the individual consolidated districts computed as if the |
|---|
| 400 | + | consolidation had not taken place. Thereafter, any such |
|---|
| 401 | + | district which is consolidated pursuant to the Oklahoma |
|---|
| 402 | + | School Voluntary Consolidation and Annexation Act shall not |
|---|
| 403 | + | qualify for the weighted district calculation unless the |
|---|
| 404 | + | district can satisfy the specifications herein. Subject to |
|---|
| 405 | + | the provisions of subparagraph c of this paragraph, the |
|---|
| 406 | + | resulting number shall be counted as additional students |
|---|
| 407 | + | for the purpose of calculating State Aid. |
|---|
| 408 | + | b. District sparsity - isolation formula: |
|---|
| 409 | + | The district sparsity - isolation formula calculation shall |
|---|
| 410 | + | apply only to school districts: |
|---|
| 459 | | - | F. The State Board of Education shall deny, suspend or revoke |
|---|
| 460 | | - | the approval of a private school granted in subsection C of this |
|---|
| 461 | | - | section if it is determined that the private school has failed to |
|---|
| 462 | | - | comply with the provisions of this section. |
|---|
| 463 | | - | G. No liability shall arise on the part of the state, the State |
|---|
| 464 | | - | Board of Education, the State Department of Education or a school |
|---|
| 465 | | - | district based on the award or use of any transfer allowance |
|---|
| 466 | | - | provided pursuant to this secti on. |
|---|
| 467 | | - | H. The inclusion of private schools within options available to |
|---|
| 468 | | - | public school students in Oklahoma shall not expand the regulatory |
|---|
| 469 | | - | authority of the state or any school district to impose any |
|---|
| 470 | | - | additional regulation of private schools beyond those reason ably |
|---|
| 471 | | - | necessary to enforce the requirements expressly set forth in this |
|---|
| 472 | | - | section. |
|---|
| 473 | | - | SECTION 3. AMENDATORY 70 O.S. 2011, Section 18 -201.1, as |
|---|
| 474 | | - | last amended by Section 3, Chapter 61, O.S.L. 2020 (70 O.S. Supp. |
|---|
| 475 | | - | 2020, Section 18-201.1), is amended to read as follows: |
|---|
| 476 | | - | Section 18-201.1 A. Beginning with the 2020 -21 school year, |
|---|
| 477 | | - | and each school year thereafter, the weighted membership of a school |
|---|
| 478 | | - | district for calculation of Foundation Aid purposes pursuant to |
|---|
| 479 | | - | paragraph 1 of subsection D of S ection 18-200.1 of this title shall |
|---|
| 480 | | - | be the sum of the weighted pupil grade level calculation, the |
|---|
| 481 | | - | weighted pupil category calculation, the weighted district |
|---|
| 482 | | - | calculation and the weighted teacher experience and degree |
|---|
| 437 | + | (1) whose total area in square miles is greater than |
|---|
| 438 | + | the average number of square miles for all school |
|---|
| 439 | + | districts in this state; an d |
|---|
| 440 | + | (2) whose areal density is less than one -fourth (1/4) |
|---|
| 441 | + | of the state average areal density. Areal |
|---|
| 442 | + | density shall be determined by dividing the |
|---|
| 443 | + | school district's average daily membership by the |
|---|
| 444 | + | school district's total area in square miles. |
|---|
| 445 | + | The district sparsity - isolation formula calculation shall |
|---|
| 446 | + | be calculated as follows: |
|---|
| 447 | + | The school district student cost factor multiplied by |
|---|
| 448 | + | the school district area factor. The resulting |
|---|
| 449 | + | product shall be multiplied by the school district 's |
|---|
| 450 | + | average daily membership. Subje ct to the provisions |
|---|
| 451 | + | of subparagraph c of this paragraph, the resulting |
|---|
| 452 | + | number shall be counted as additional students for the |
|---|
| 453 | + | purpose of calculating State Aid. |
|---|
| 454 | + | The school district student cost factor shall be calculated |
|---|
| 455 | + | as follows: |
|---|
| 456 | + | The school district's average daily membership shall |
|---|
| 457 | + | be categorized into the following grade level groups |
|---|
| 458 | + | and applied to the appropriate formulas as computed |
|---|
| 459 | + | below: |
|---|
| 460 | + | Grade Level Group |
|---|
| 510 | | - | calculation. The weighted membership of a school district for |
|---|
| 511 | | - | calculation of Salary Incentive Aid purposes pursuant to paragraph 3 |
|---|
| 512 | | - | of subsection D of Section 18 -200.1 of this title shall be the sum |
|---|
| 513 | | - | of the weighted pupil grade level calculation, the weighted pupil |
|---|
| 514 | | - | category calculation, the weigh ted district calculation and the |
|---|
| 515 | | - | weighted teacher experience and degree calculation. |
|---|
| 516 | | - | B. The weighted calculations provided for in subsection A of |
|---|
| 517 | | - | this section shall be based on the highest weighted average daily |
|---|
| 518 | | - | membership of the first nine (9) weeks of t he current school year, |
|---|
| 519 | | - | the preceding school year or the second preceding school year of a |
|---|
| 520 | | - | school district, unless otherwise specified. The highest of the |
|---|
| 521 | | - | three (3) weighted average daily memberships shall be used |
|---|
| 522 | | - | consistently in all of the calculations; however, the weighted |
|---|
| 523 | | - | calculation for a statewide virtual charter school experiencing a |
|---|
| 524 | | - | significant decline in membership shall be based on the first nine |
|---|
| 525 | | - | (9) weeks of the current school year and not on the preceding school |
|---|
| 526 | | - | year or the second preceding sch ool year for the statewide virtual |
|---|
| 527 | | - | charter school. For purposes of this subsection, "significant |
|---|
| 528 | | - | decline in membership" means equal to or greater than a fifteen |
|---|
| 529 | | - | percent (15%) decrease in average daily membership from the |
|---|
| 530 | | - | preceding school year to the avera ge daily membership of the first |
|---|
| 531 | | - | nine (9) weeks of the current school year. The average daily |
|---|
| 532 | | - | membership data used for all calculations in paragraphs 1, 2, 3 and |
|---|
| 533 | | - | 4 of this subsection shall be the same as used in the calculation of |
|---|
| 487 | + | Grades K-5 Divide 74 by the sum of the Grade |
|---|
| 488 | + | Level ADM plus 23, |
|---|
| 489 | + | add .85 to the quotient, then |
|---|
| 490 | + | multiply the sum by the Grade |
|---|
| 491 | + | Level ADM. |
|---|
| 492 | + | Grades 6-8 Divide 122 by the sum of the Grade |
|---|
| 493 | + | Level ADM plus 133, |
|---|
| 494 | + | add .85 to the quotient, then |
|---|
| 495 | + | multiply the sum by the Grade |
|---|
| 496 | + | Level ADM. |
|---|
| 497 | + | Grades 9-12 Divide 292 by the sum of the Grade |
|---|
| 498 | + | Level ADM plus 128, |
|---|
| 499 | + | add .78 to the quotient, then |
|---|
| 500 | + | multiply the sum by the Grade |
|---|
| 501 | + | Level ADM. |
|---|
| 502 | + | The sum of the grade level group 's average daily |
|---|
| 503 | + | membership shall be divided by the school district 's |
|---|
| 504 | + | average daily membership. The number one (1.0) shall |
|---|
| 505 | + | be subtracted from the resulting quotient. |
|---|
| 506 | + | The school district area cost factor shall be calculated as |
|---|
| 507 | + | follows: |
|---|
| 508 | + | Subtract the state average district area from the |
|---|
| 509 | + | district area, then divide the remainder by the state |
|---|
| 510 | + | average district area; |
|---|
| 561 | | - | the State Aid Formula. The weighted calculations provided for in |
|---|
| 562 | | - | subsection A of this section shall be determined as follows: |
|---|
| 563 | | - | 1. The weighted pupil grade level calculation shall be |
|---|
| 564 | | - | determined by taking the highest average daily membership and |
|---|
| 565 | | - | assigning weights to the pupils acc ording to grade attended as |
|---|
| 566 | | - | follows: |
|---|
| 567 | | - | GRADE LEVEL WEIGHT |
|---|
| 568 | | - | a. Half-day early childhood programs .7 |
|---|
| 569 | | - | b. Full-day early childhood programs 1.3 |
|---|
| 570 | | - | c. Half-day kindergarten 1.3 |
|---|
| 571 | | - | d. Full-day kindergarten 1.5 |
|---|
| 572 | | - | e. First and second grade 1.351 |
|---|
| 573 | | - | f. Third grade 1.051 |
|---|
| 574 | | - | g. Fourth through sixth grade 1.0 |
|---|
| 575 | | - | h. Seventh through twelfth grade 1.2 |
|---|
| 576 | | - | i. Out-of-home placement 1.50 |
|---|
| 577 | | - | Multiply the membership of each subparagraph of this paragraph by |
|---|
| 578 | | - | the weight assigned to such subparagraph of this paragraph and add |
|---|
| 579 | | - | the totals together to determi ne the weighted pupil grade level |
|---|
| 580 | | - | calculation for a school district. Determination of the pupils |
|---|
| 581 | | - | eligible for the early childhood program weight shall be pursuant to |
|---|
| 582 | | - | the provisions of Section 1 -114 of this title. The pupils eligible |
|---|
| 583 | | - | for the out-of-home placement pupil weight shall be students who are |
|---|
| 584 | | - | not residents of the school district in which they are receiving |
|---|
| 537 | + | however, the district area cost factor shall not exceed one |
|---|
| 538 | + | (1.0). |
|---|
| 539 | + | The State Board of Education shall define geographical barriers |
|---|
| 540 | + | whose location in a school district would inhibit the district from |
|---|
| 541 | + | consolidation or annexation. The Board shall make available an |
|---|
| 542 | + | application process, review applications, and for di stricts the |
|---|
| 543 | + | Board deems necessary allow additional square miles to be used for |
|---|
| 544 | + | the purposes of calculations used for the weighted district sparsity |
|---|
| 545 | + | - isolation formula. Provided, that the additional square miles |
|---|
| 546 | + | allowed for geographical barriers shall not exceed thirty percent |
|---|
| 547 | + | (30%) of the district 's actual size. |
|---|
| 548 | + | c. State Aid funds which a district is calculated to |
|---|
| 549 | + | receive as a result of the weighted district |
|---|
| 550 | + | calculation shall be restricted as follows: |
|---|
| 551 | + | If, after the weighted district calculation is |
|---|
| 552 | + | applied, the district's projected per pupil |
|---|
| 553 | + | revenue exceeds one hundred fifty percent (150%) |
|---|
| 554 | + | of the projected state average per pupil revenue, |
|---|
| 555 | + | then the district's State Aid shall be reduced by |
|---|
| 556 | + | an amount that will restrict the district 's |
|---|
| 557 | + | projected per pupil revenu e to one hundred fifty |
|---|
| 558 | + | percent (150%) of the projected state average per |
|---|
| 559 | + | pupil revenue. Provided, in applying the |
|---|
| 560 | + | restriction provided in this division, the |
|---|
| 612 | | - | education pursuant to the provisions of subsection D of Section 1 - |
|---|
| 613 | | - | 113 of this title. Such weight may be claimed by the district |
|---|
| 614 | | - | providing educational services to such student for the days that |
|---|
| 615 | | - | student is enrolled in that district. If claimed, the out -of-home |
|---|
| 616 | | - | placement weight shall be in lieu of the pupil grade level and any |
|---|
| 617 | | - | pupil category weights for that student. Provided, if a student |
|---|
| 618 | | - | resides in a juvenile detention center that is restricted to less |
|---|
| 619 | | - | than twelve (12) beds, the out -of-home placement pupil weight for |
|---|
| 620 | | - | such students shall be calculated as follows: for a center with six |
|---|
| 621 | | - | (6) beds - 3.0; for a center with eight (8) beds - 2.3 and for a |
|---|
| 622 | | - | center with ten (10) beds - 1.80. |
|---|
| 623 | | - | 2. The weighted pupil category calculation shall be determined |
|---|
| 624 | | - | by assigning a weight to the pupil category as follows: |
|---|
| 625 | | - | CATEGORY WEIGHT |
|---|
| 626 | | - | a. Visual Impairment 3.8 |
|---|
| 627 | | - | b. Specific Learning Disability .4 |
|---|
| 628 | | - | c. Deafness or Hearing Impairment 2.9 |
|---|
| 629 | | - | d. Deaf-Blindness 3.8 |
|---|
| 630 | | - | e. Intellectual Disability 1.3 |
|---|
| 631 | | - | f. Emotional Disturbance 2.5 |
|---|
| 632 | | - | g. Gifted .34 |
|---|
| 633 | | - | h. Multiple Disabilities 2.4 |
|---|
| 634 | | - | i. Orthopedic Impairment 1.2 |
|---|
| 635 | | - | j. Speech or Language Impairment .05 |
|---|
| 587 | + | district's State Aid shall not be reduced by an |
|---|
| 588 | + | amount greater than by the amount of State Aid |
|---|
| 589 | + | which was generated by the weighted district |
|---|
| 590 | + | calculation. |
|---|
| 591 | + | The July calculation of the projected per pupil |
|---|
| 592 | + | revenue shall be determined by dividing the highest of |
|---|
| 593 | + | the district's preceding two (2) years average daily |
|---|
| 594 | + | membership (ADM) as weighted by the pupil gra de level, |
|---|
| 595 | + | the pupil category, the district and the teacher |
|---|
| 596 | + | experience degree index calculations for projected |
|---|
| 597 | + | State Aid into the district 's projected total revenues |
|---|
| 598 | + | including projected funds for the State Aid Formula |
|---|
| 599 | + | for the preceding year, net assessed va luation for the |
|---|
| 600 | + | preceding calendar year times thirty -nine (39) mills, |
|---|
| 601 | + | county revenues excluding the county four -mills |
|---|
| 602 | + | revenues for the second preceding year, other state |
|---|
| 603 | + | appropriations for the preceding year and the |
|---|
| 604 | + | collections for the preceding year of st ate |
|---|
| 605 | + | apportionment, motor vehicle revenue, gross production |
|---|
| 606 | + | tax and R.E.A. tax. |
|---|
| 607 | + | The December calculation of the projected per pupil |
|---|
| 608 | + | revenue shall be determined by dividing the highest of |
|---|
| 609 | + | the district's first nine (9) weeks of the current |
|---|
| 610 | + | school year or the two (2) preceding school years |
|---|
| 663 | | - | k. Bilingual .25 |
|---|
| 664 | | - | l. Special Education Summer Progr am 1.2 |
|---|
| 665 | | - | m. Economically Disadvantaged .25 |
|---|
| 666 | | - | n. Optional Extended School Year |
|---|
| 667 | | - | Program As determined by |
|---|
| 668 | | - | the State Board |
|---|
| 669 | | - | of Education |
|---|
| 670 | | - | o. Autism 2.4 |
|---|
| 671 | | - | p. Traumatic Brain Injury 2.4 |
|---|
| 672 | | - | q. Other Health Impairment 1.2 |
|---|
| 673 | | - | r. Enrolled at a school that has |
|---|
| 674 | | - | received an "F" school grade |
|---|
| 675 | | - | pursuant to Section 1210.545 |
|---|
| 676 | | - | of this title in each of the |
|---|
| 677 | | - | last three (3) immediately |
|---|
| 678 | | - | preceding years 1.1 |
|---|
| 679 | | - | Except as otherwise provided, multiply the number of pupils approved |
|---|
| 680 | | - | in the school year with the highest average daily membership in eac h |
|---|
| 681 | | - | category by the weight assigned to such category and add the totals |
|---|
| 682 | | - | together to determine the weighted pupil category calculation for a |
|---|
| 683 | | - | school district. For the 1996 -97 school year, the number to be |
|---|
| 684 | | - | multiplied by the weight assigned to the gifted catego ry in |
|---|
| 685 | | - | subparagraph g of this paragraph shall be the lesser of (1) the sum |
|---|
| 686 | | - | of the number of students who scored in the top three percent (3%) |
|---|
| 637 | + | average daily membership (ADM) as weighted by the |
|---|
| 638 | + | pupil grade level, the pupil category, the district |
|---|
| 639 | + | and the teacher experience degree index calculations |
|---|
| 640 | + | for projected State Aid into the district 's projected |
|---|
| 641 | + | total revenues including funds for the December |
|---|
| 642 | + | calculation of the current year State Aid Formula, net |
|---|
| 643 | + | assessed valuation for the current calendar year times |
|---|
| 644 | + | thirty-nine (39) mills, county revenues excluding the |
|---|
| 645 | + | county four-mills revenue for the preceding year, |
|---|
| 646 | + | other state appropriations for the preceding year and |
|---|
| 647 | + | the collections for the preceding year of state |
|---|
| 648 | + | apportionment, motor vehicle revenue, gross production |
|---|
| 649 | + | tax and R.E.A. tax. |
|---|
| 650 | + | The district's projected total revenues for each |
|---|
| 651 | + | calculation shall exclude the following collections |
|---|
| 652 | + | for the second preceding year: federal revenue, |
|---|
| 653 | + | insurance loss payments, reimbursements, recovery of |
|---|
| 654 | + | overpayments and refunds, unused reserves, prior |
|---|
| 655 | + | expenditures recovered, prior year surpluses, and |
|---|
| 656 | + | other local miscellaneous revenues. |
|---|
| 657 | + | 4. The weighted teacher experience and degree calculation shall |
|---|
| 658 | + | be determined in accordance with the teacher experience and degree |
|---|
| 659 | + | index. The State Department of Education shall determine an index |
|---|
| 660 | + | for each state teacher by using data supplied in the school |
|---|
| 714 | | - | on any national standardized test of intellectual ability plus the |
|---|
| 715 | | - | number of students identified as gifted pursuant to subparagraphs a |
|---|
| 716 | | - | through d of paragraph 1 of Section 1210.301 of this title or (2) |
|---|
| 717 | | - | the sum of the number of students who scored in the top three |
|---|
| 718 | | - | percent (3%) on any national standardized test of intellectual |
|---|
| 719 | | - | ability plus eight percent (8%) of the total average daily |
|---|
| 720 | | - | membership of the school district for the preceding school year. |
|---|
| 721 | | - | For the 1997-98 school year and subsequent school years, the number |
|---|
| 722 | | - | to be multiplied by the weight assigned to the gifted category in |
|---|
| 723 | | - | subparagraph g of this paragraph shall be the lesser of (1) the sum |
|---|
| 724 | | - | of the number of students who scored in the top three percent (3%) |
|---|
| 725 | | - | on any national standardized test of intellectual ability plus the |
|---|
| 726 | | - | number of students identified as gifted pursuant to subparagraphs a |
|---|
| 727 | | - | through d of paragraph 1 of Section 1210.301 of this title, or (2) |
|---|
| 728 | | - | the sum of the number of students who scored in the top three |
|---|
| 729 | | - | percent (3%) on any national standardized test of intellectual |
|---|
| 730 | | - | ability plus eight percent (8%) of the total average daily |
|---|
| 731 | | - | membership of the school district for the first nine (9) weeks of |
|---|
| 732 | | - | the school year. |
|---|
| 733 | | - | 3. The weighted district calculation shall be determined by |
|---|
| 734 | | - | determining the calculations for each school district for both the |
|---|
| 735 | | - | small school district formula and the district sparsity - isolation |
|---|
| 736 | | - | formula, applying whichever is the greater of the calculations of |
|---|
| 687 | + | district's teacher personnel reports of the preceding year and |
|---|
| 688 | + | utilizing the index as follows: |
|---|
| 689 | + | TEACHER EXPERIENCE - DEGREE INDEX |
|---|
| 690 | + | EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S |
|---|
| 691 | + | DEGREE DEGREE DEGREE |
|---|
| 692 | + | 0 - 2 .7 .9 1.1 |
|---|
| 693 | + | 3 - 5 .8 1.0 1.2 |
|---|
| 694 | + | 6 - 8 .9 1.1 1.3 |
|---|
| 695 | + | 9 - 11 1.0 1.2 1.4 |
|---|
| 696 | + | 12 - 15 1.1 1.3 1.5 |
|---|
| 697 | + | Over 15 1.2 1.4 1.6 |
|---|
| 698 | + | The school district teacher index for each school district shall |
|---|
| 699 | + | be determined by subtracting the weighted average state teacher from |
|---|
| 700 | + | the weighted average district teacher. Multiply the school district |
|---|
| 701 | + | teacher index if greater than zero by .7 and then multiply that |
|---|
| 702 | + | product by the sum of the district 's weighted pupil grade level |
|---|
| 703 | + | calculation provided in paragraph 1 of this subsection and the |
|---|
| 704 | + | weighted pupil category calculation provided in subparagraph m of |
|---|
| 705 | + | paragraph 2 of this subsection to determine the weighted teacher |
|---|
| 706 | + | experience and degree calculation. |
|---|
| 707 | + | SECTION 3. AMENDATORY 70 O.S. 2011, Section 8 -104, as |
|---|
| 708 | + | amended by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020, |
|---|
| 709 | + | Section 8-104), is amended to read as follows: |
|---|
| 764 | | - | the two formulas and then applying the restrictions pursuant to |
|---|
| 765 | | - | subparagraph c of this paragraph. |
|---|
| 766 | | - | a. Small school district formula: 529 minus the average |
|---|
| 767 | | - | daily membership divided by 529 times .2 time s total |
|---|
| 768 | | - | average daily membership. |
|---|
| 769 | | - | The small school district formula calculation shall apply |
|---|
| 770 | | - | only to school districts whose highest average daily |
|---|
| 771 | | - | membership is less than 529 pupils. School districts which |
|---|
| 772 | | - | are consolidated or annexed after July 1, 2003, pur suant to |
|---|
| 773 | | - | the Oklahoma School Voluntary Consolidation and Annexation |
|---|
| 774 | | - | Act shall have the weighted district size calculation for |
|---|
| 775 | | - | the three (3) school years following the fiscal year in |
|---|
| 776 | | - | which such consolidation occurred calculated to be the sum |
|---|
| 777 | | - | of the individual consolidated districts computed as if the |
|---|
| 778 | | - | consolidation had not taken place. Thereafter, any such |
|---|
| 779 | | - | district which is consolidated pursuant to the Oklahoma |
|---|
| 780 | | - | School Voluntary Consolidation and Annexation Act shall not |
|---|
| 781 | | - | qualify for the weighted district calc ulation unless the |
|---|
| 782 | | - | district can satisfy the specifications herein. Subject to |
|---|
| 783 | | - | the provisions of subparagraph c of this paragraph, the |
|---|
| 784 | | - | resulting number shall be counted as additional students |
|---|
| 785 | | - | for the purpose of calculating State Aid. |
|---|
| 786 | | - | b. District sparsity - isolation formula: |
|---|
| 736 | + | Section 8-104. A. In addition to the transfer process provided |
|---|
| 737 | + | in Section 8-103 of this title, students may be transferred on an |
|---|
| 738 | + | emergency basis. A written application for an emergency transfer |
|---|
| 739 | + | designating the district to which t he transfer is desired shall be |
|---|
| 740 | + | made by the parent and filed with the superintendent of the |
|---|
| 741 | + | receiving school district. On an adequate showing of emergency the |
|---|
| 742 | + | superintendent of the receiving school district may make and order a |
|---|
| 743 | + | transfer, subject to approv al by the State Board of Education. An |
|---|
| 744 | + | emergency shall include only: |
|---|
| 745 | + | 1. The destruction or partial destruction of a school building; |
|---|
| 746 | + | 2. The inability to offer the subject a pupil desires to |
|---|
| 747 | + | pursue, if the pupil becomes a legal resident of a school distr ict |
|---|
| 748 | + | after February 1 of the school year immediately prior to the school |
|---|
| 749 | + | year for which the pupil is seeking the transfer; |
|---|
| 750 | + | 3. A catastrophic medical problem of a student, which for |
|---|
| 751 | + | purposes of this section shall mean an acute or chronic serious |
|---|
| 752 | + | illness, disease, disorder or injury which has a permanently |
|---|
| 753 | + | detrimental effect on the body 's system or renders the risk |
|---|
| 754 | + | unusually hazardous; |
|---|
| 755 | + | 4. The total failure of transportation facilities; |
|---|
| 756 | + | 5. The concurrence of both the sending and receiving school |
|---|
| 757 | + | districts; |
|---|
| 758 | + | 6. The unavailability of remote or on -site Internet-based |
|---|
| 759 | + | instruction by course title in the district of residence for a |
|---|
| 814 | | - | The district sparsity - isolation formula calculation shall |
|---|
| 815 | | - | apply only to school districts: |
|---|
| 816 | | - | (1) whose total area in square miles is greater than |
|---|
| 817 | | - | the average number of square miles for all school |
|---|
| 818 | | - | districts in this state; and |
|---|
| 819 | | - | (2) whose areal density is less than one -fourth (1/4) |
|---|
| 820 | | - | of the state average areal density. Areal |
|---|
| 821 | | - | density shall be determined by dividing the |
|---|
| 822 | | - | school district's average daily membership by the |
|---|
| 823 | | - | school district's total area in square miles. |
|---|
| 824 | | - | The district sparsity - isolation formula calculation shall |
|---|
| 825 | | - | be calculated as follows: |
|---|
| 826 | | - | The school district student cost factor multiplied by |
|---|
| 827 | | - | the school district area factor. The resulting |
|---|
| 828 | | - | product shall be multiplied by the school district's |
|---|
| 829 | | - | average daily membership. Subject to the prov isions |
|---|
| 830 | | - | of subparagraph c of this paragraph, the resulting |
|---|
| 831 | | - | number shall be counted as additional students for the |
|---|
| 832 | | - | purpose of calculating State Aid. |
|---|
| 833 | | - | The school district student cost factor shall be calculated |
|---|
| 834 | | - | as follows: |
|---|
| 835 | | - | The school district's average daily m embership shall |
|---|
| 836 | | - | be categorized into the following grade level groups |
|---|
| 837 | | - | |
|---|
| 838 | | - | HB2673 HFLR Page 17 |
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| 839 | | - | BOLD FACE denotes Committee Amendments. 1 |
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| 840 | | - | 2 |
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| 862 | | - | 24 |
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| 863 | | - | |
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| 864 | | - | and applied to the appropriate formulas as computed |
|---|
| 865 | | - | below: |
|---|
| 866 | | - | Grade Level Group |
|---|
| 867 | | - | Grades K-5 Divide 74 by the sum of the Grade |
|---|
| 868 | | - | Level ADM plus 23, |
|---|
| 869 | | - | add .85 to the quotient, then |
|---|
| 870 | | - | multiply the sum by the Grade |
|---|
| 871 | | - | Level ADM. |
|---|
| 872 | | - | Grades 6-8 Divide 122 by the sum of the Grade |
|---|
| 873 | | - | Level ADM plus 133, |
|---|
| 874 | | - | add .85 to the quotient, then |
|---|
| 875 | | - | multiply the sum by the Grade |
|---|
| 876 | | - | Level ADM. |
|---|
| 877 | | - | Grades 9-12 Divide 292 by the sum of the Grade |
|---|
| 878 | | - | Level ADM plus 128, |
|---|
| 879 | | - | add .78 to the quotient, th en |
|---|
| 880 | | - | multiply the sum by the Grade |
|---|
| 881 | | - | Level ADM. |
|---|
| 882 | | - | The sum of the grade level group's average daily |
|---|
| 883 | | - | membership shall be divided by the school district's |
|---|
| 884 | | - | average daily membership. The number one (1.0) shall |
|---|
| 885 | | - | be subtracted from the resulting quotient. |
|---|
| 886 | | - | The school district area cost factor shall be calculated as |
|---|
| 887 | | - | follows: |
|---|
| 888 | | - | |
|---|
| 889 | | - | HB2673 HFLR Page 18 |
|---|
| 890 | | - | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 891 | | - | 2 |
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| 892 | | - | 3 |
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| 893 | | - | 4 |
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| 912 | | - | 23 |
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| 913 | | - | 24 |
|---|
| 914 | | - | |
|---|
| 915 | | - | Subtract the state average district area from the |
|---|
| 916 | | - | district area, then divide the remainder by the state |
|---|
| 917 | | - | average district area; |
|---|
| 918 | | - | however, the district area cost factor shall not exceed one |
|---|
| 919 | | - | (1.0). |
|---|
| 920 | | - | The State Board of Education shall define geographical barriers |
|---|
| 921 | | - | whose location in a school district would inhibit the district from |
|---|
| 922 | | - | consolidation or annexation. The Board shall make available an |
|---|
| 923 | | - | application process, review applications, and for districts the |
|---|
| 924 | | - | Board deems necessary allow additional square miles to be used for |
|---|
| 925 | | - | the purposes of calculations used for the weighted district sparsity |
|---|
| 926 | | - | - isolation formula. Provided, that the additional square miles |
|---|
| 927 | | - | allowed for geographical barriers shall not exceed thirty percent |
|---|
| 928 | | - | (30%) of the district's actual size. |
|---|
| 929 | | - | c. State Aid funds which a district is calculated to |
|---|
| 930 | | - | receive as a result of the weighted district |
|---|
| 931 | | - | calculation shall be restricted as follows: |
|---|
| 932 | | - | If, after the weighted district calculation is |
|---|
| 933 | | - | applied, the district 's projected per pupil |
|---|
| 934 | | - | revenue exceeds one hundred fifty percent (150%) |
|---|
| 935 | | - | of the projected state average per pupil revenue, |
|---|
| 936 | | - | then the district's State Aid shall be reduced by |
|---|
| 937 | | - | an amount that will restrict the district's |
|---|
| 938 | | - | projected per pupil revenue to one hundr ed fifty |
|---|
| 939 | | - | |
|---|
| 940 | | - | HB2673 HFLR Page 19 |
|---|
| 941 | | - | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 942 | | - | 2 |
|---|
| 943 | | - | 3 |
|---|
| 944 | | - | 4 |
|---|
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|---|
| 963 | | - | 23 |
|---|
| 964 | | - | 24 |
|---|
| 965 | | - | |
|---|
| 966 | | - | percent (150%) of the projected state average per |
|---|
| 967 | | - | pupil revenue. Provided, in applying the |
|---|
| 968 | | - | restriction provided in this division, the |
|---|
| 969 | | - | district's State Aid shall not be reduced by an |
|---|
| 970 | | - | amount greater than by the amount of State Aid |
|---|
| 971 | | - | which was generated by the weighted district |
|---|
| 972 | | - | calculation. |
|---|
| 973 | | - | The July calculation of the projected per pupil |
|---|
| 974 | | - | revenue shall be determined by dividing the highest of |
|---|
| 975 | | - | the district's preceding two (2) years average daily |
|---|
| 976 | | - | membership (ADM) as weighted by the pupil grade level, |
|---|
| 977 | | - | the pupil category, the district and the teacher |
|---|
| 978 | | - | experience degree index calculations for projected |
|---|
| 979 | | - | State Aid into the district's projected total revenues |
|---|
| 980 | | - | including projected funds for the State Aid Formula |
|---|
| 981 | | - | for the preceding year, net assessed valuation for th e |
|---|
| 982 | | - | preceding calendar year times thirty -nine (39) mills, |
|---|
| 983 | | - | county revenues excluding the county four -mills |
|---|
| 984 | | - | revenues for the second preceding year, other state |
|---|
| 985 | | - | appropriations for the preceding year and the |
|---|
| 986 | | - | collections for the preceding year of state |
|---|
| 987 | | - | apportionment, motor vehicle revenue, gross production |
|---|
| 988 | | - | tax and R.E.A. tax. |
|---|
| 989 | | - | |
|---|
| 990 | | - | HB2673 HFLR Page 20 |
|---|
| 991 | | - | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 992 | | - | 2 |
|---|
| 993 | | - | 3 |
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| 994 | | - | 4 |
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| 1014 | | - | 24 |
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| 1015 | | - | |
|---|
| 1016 | | - | The December calculation of the projected per pupil |
|---|
| 1017 | | - | revenue shall be determined by dividing the highest of |
|---|
| 1018 | | - | the district's first nine (9) weeks of the current |
|---|
| 1019 | | - | school year or the two (2) preced ing school years |
|---|
| 1020 | | - | average daily membership (ADM) as weighted by the |
|---|
| 1021 | | - | pupil grade level, the pupil category, the district |
|---|
| 1022 | | - | and the teacher experience degree index calculations |
|---|
| 1023 | | - | for projected State Aid into the district's projected |
|---|
| 1024 | | - | total revenues including funds for the December |
|---|
| 1025 | | - | calculation of the current year State Aid Formula, net |
|---|
| 1026 | | - | assessed valuation for the current calendar year times |
|---|
| 1027 | | - | thirty-nine (39) mills, county revenues excluding the |
|---|
| 1028 | | - | county four-mills revenue for the preceding year, |
|---|
| 1029 | | - | other state appropriatio ns for the preceding year and |
|---|
| 1030 | | - | the collections for the preceding year of state |
|---|
| 1031 | | - | apportionment, motor vehicle revenue, gross production |
|---|
| 1032 | | - | tax and R.E.A. tax. |
|---|
| 1033 | | - | The district's projected total revenues for each |
|---|
| 1034 | | - | calculation shall exclude the following collections |
|---|
| 1035 | | - | for the second preceding year: federal revenue, |
|---|
| 1036 | | - | insurance loss payments, reimbursements, recovery of |
|---|
| 1037 | | - | overpayments and refunds, unused reserves, prior |
|---|
| 1038 | | - | expenditures recovered, prior year surpluses, and |
|---|
| 1039 | | - | other local miscellaneous revenues. |
|---|
| 1040 | | - | |
|---|
| 1041 | | - | HB2673 HFLR Page 21 |
|---|
| 1042 | | - | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 1043 | | - | 2 |
|---|
| 1044 | | - | 3 |
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| 1045 | | - | 4 |
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| 1064 | | - | 23 |
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| 1065 | | - | 24 |
|---|
| 1066 | | - | |
|---|
| 1067 | | - | 4. The weighted teach er experience and degree calculation shall |
|---|
| 1068 | | - | be determined in accordance with the teacher experience and degree |
|---|
| 1069 | | - | index. The State Department of Education shall determine an index |
|---|
| 1070 | | - | for each state teacher by using data supplied in the school |
|---|
| 1071 | | - | district's teacher personnel reports of the preceding year and |
|---|
| 1072 | | - | utilizing the index as follows: |
|---|
| 1073 | | - | TEACHER EXPERIENCE - DEGREE INDEX |
|---|
| 1074 | | - | EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S |
|---|
| 1075 | | - | DEGREE DEGREE DEGREE |
|---|
| 1076 | | - | 0 - 2 .7 .9 1.1 |
|---|
| 1077 | | - | 3 - 5 .8 1.0 1.2 |
|---|
| 1078 | | - | 6 - 8 .9 1.1 1.3 |
|---|
| 1079 | | - | 9 - 11 1.0 1.2 1.4 |
|---|
| 1080 | | - | 12 - 15 1.1 1.3 1.5 |
|---|
| 1081 | | - | Over 15 1.2 1.4 1.6 |
|---|
| 1082 | | - | The school district teacher index for each school district shall |
|---|
| 1083 | | - | be determined by subtracting the weighted average state teacher from |
|---|
| 1084 | | - | the weighted average district teacher. Multiply the school district |
|---|
| 1085 | | - | teacher index if greater than zero by .7 and then multiply that |
|---|
| 1086 | | - | product by the sum of the district's weighted pupil grade level |
|---|
| 1087 | | - | calculation provided in paragraph 1 of this subsection and the |
|---|
| 1088 | | - | weighted pupil category calculation provided in subparagraph m of |
|---|
| 1089 | | - | paragraph 2 of this subsecti on to determine the weighted teacher |
|---|
| 1090 | | - | experience and degree calculation. |
|---|
| 1091 | | - | |
|---|
| 1092 | | - | HB2673 HFLR Page 22 |
|---|
| 1093 | | - | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 1094 | | - | 2 |
|---|
| 1095 | | - | 3 |
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| 1096 | | - | 4 |
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| 1116 | | - | 24 |
|---|
| 1117 | | - | |
|---|
| 1118 | | - | SECTION 4. AMENDATORY 70 O.S. 2011, Section 8 -104, as |
|---|
| 1119 | | - | amended by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020, |
|---|
| 1120 | | - | Section 8-104), is amended to read as follows: |
|---|
| 1121 | | - | Section 8-104. A. In addition to the transfer process provided |
|---|
| 1122 | | - | in Section 8-103 of this title, students may be transferred on an |
|---|
| 1123 | | - | emergency basis. A written application for an emergency transfer |
|---|
| 1124 | | - | designating the district to which the transfer is desired shall be |
|---|
| 1125 | | - | made by the parent and filed with the superintendent of the |
|---|
| 1126 | | - | receiving school district. On an adequate showing of emergency the |
|---|
| 1127 | | - | superintendent of the receiving school district may make and order a |
|---|
| 1128 | | - | transfer, subject to approval by the Stat e Board of Education. An |
|---|
| 1129 | | - | emergency shall include only: |
|---|
| 1130 | | - | 1. The destruction or partial destruction of a school building; |
|---|
| 1131 | | - | 2. The inability to offer the subject a pupil desires to |
|---|
| 1132 | | - | pursue, if the pupil becomes a legal resident of a school district |
|---|
| 1133 | | - | after February 1 of the school year immediately prior to the school |
|---|
| 1134 | | - | year for which the pupil is seeking the transfer; |
|---|
| 1135 | | - | 3. A catastrophic medical problem of a student, which for |
|---|
| 1136 | | - | purposes of this section shall mean an acute or chronic serious |
|---|
| 1137 | | - | illness, disease, disorde r or injury which has a permanently |
|---|
| 1138 | | - | detrimental effect on the body's system or renders the risk |
|---|
| 1139 | | - | unusually hazardous; |
|---|
| 1140 | | - | 4. The total failure of transportation facilities; |
|---|
| 1141 | | - | |
|---|
| 1142 | | - | HB2673 HFLR Page 23 |
|---|
| 1143 | | - | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 1144 | | - | 2 |
|---|
| 1145 | | - | 3 |
|---|
| 1146 | | - | 4 |
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|---|
| 1165 | | - | 23 |
|---|
| 1166 | | - | 24 |
|---|
| 1167 | | - | |
|---|
| 1168 | | - | 5. The concurrence of both the sending and receiving school |
|---|
| 1169 | | - | districts; |
|---|
| 1170 | | - | 6. The unavailability of remote or on -site Internet-based |
|---|
| 1171 | | - | instruction by course title in the district of residence for a |
|---|